Intellectual Property

  • August 23, 2024

    Abbott Judge Suggests $54M Judgment In Test Strip TM Case

    A New York federal magistrate judge has recommended that default judgments totaling more than $54 million be entered against 85 companies and individuals who didn't respond to Abbott Laboratories' nearly decade-old trademark suit over gray-market diabetes test strips, according to a report and recommendation filed Thursday.

  • August 23, 2024

    Maxell Urges Trade Commission To Bar TCL Smart TV Imports

    Maxell Ltd. urged the U.S. International Trade Commission to permanently bar TCL from importing certain smart televisions that Maxell claims infringe several of its patents, saying TCL continues to import allegedly infringing televisions despite being long aware of Maxell's patent portfolio.

  • August 23, 2024

    Del. Chief Judge Tells IP Biz Owner To Show Up, Pay $53K

    Delaware's top federal judge Friday ordered a Texas-based patent litigation business owner to appear before him to address what he called a "potential fraud on the court" and "misconduct" by the firm's counsel, adding she'll have to pay $53,000 in accrued sanctions for refusing to show up in-person since last year.

  • August 23, 2024

    TriZetto Says Infosys Swiped Healthcare Software Secrets

    Cognizant TriZetto Software Group Inc. on Friday lodged trade secret misappropriation and breach of contract claims against competitor Infosys Ltd., alleging that Infosys improperly used information about TriZetto's "closely guarded, proprietary software offerings" to develop its own competing products and services.

  • August 23, 2024

    9th Circ. Reverses 'Patent Misuse' Ruling Against CR Bard

    The Ninth Circuit on Friday reversed a decision that cleared Atrium Medical Corp. in a $52.8 million breach of contract suit by C.R. Bard, concluding that the lower court wrongly held that Bard engaged in patent misuse by seeking royalties after its medical device patent expired.

  • August 23, 2024

    Caterpillar Can't Nix $12.9M Jury Loss In Wirtgen IP Row

    A Delaware judge has declined to overturn a $12.9 million verdict that Caterpillar was ordered to pay machinery manufacturer Wirtgen for infringing five road-milling machine patents, rejecting Caterpillar's equitable defenses that included the patents are unenforceable because of an unreasonable delay in the patent application process.

  • August 23, 2024

    Anthropic Says Music Cos. Haven't Met Burden For Injunction

    Artificial intelligence company Anthropic has blasted a preliminary injunction request from several music publishers suing for alleged infringement of copyrighted lyrics to train Anthropic's chatbot Claude, telling a California federal court the publishers have not shown they would suffer irreparable harm before trial.

  • August 23, 2024

    AT&T Challenge To 4G Patent Is Late And Wrong, Judge Says

    An effort by AT&T to throw out one of the patents in a long-running suit over 4G LTE network services has fallen flat as a federal judge said the motion was nearly a year late and also legally wrong.

  • August 23, 2024

    Drugmakers' 'Subjective Beliefs' Obscured In Antitrust Case

    A Pennsylvania federal judge has denied a request from direct purchasers of pharmaceuticals to compel the leaders of Abbott Laboratories and other companies to express "subjective beliefs" about sham patent litigation they allegedly engaged in, dismissing the purchasers' fears that the companies would change their position on certain issues at the last minute during trial.

  • August 23, 2024

    Vaping Co. VPR Says Rival Ashh Infringing E-Cig Tech

    Florida-based e-cigarette manufacturer VPR Brands has slapped a rival with a patent infringement lawsuit, telling a Michigan federal court that its competitor has been making and selling vapes that infringe its patented "electronic inhaler" and atomizer system.

  • August 23, 2024

    Split 6th Circ. Refuses To Undo Amway's $37M Coverage Win

    The Sixth Circuit affirmed Friday that an AIG unit must pay $37 million for failing to defend and indemnify Amway and parent company Alticor in a dustup with major record companies over the use of copyrighted music in ads.

  • August 23, 2024

    Fed. Circ. Nixes $3.9M Dish Fee In Albright-Authored Decision

    The Federal Circuit has ruled that Dish Network should not have been awarded a $3.9 million fee for its successful patent suit defense against Realtime Adaptive Streaming, finding in a decision written by Texas federal judge Alan Albright that a lower court judge abused his discretion when he found the case "exceptional" based on six "red flags."

  • August 23, 2024

    Judge Won't Restrict Access To RTX Trade Secrets Trial

    Defense contractor RTX Corp. won't be able to bar non-U.S. citizens from a trade secrets trial slated to get underway Tuesday, but exhibits, such as diagrams, will not be made visible to observers in the courtroom, a Massachusetts federal judge ordered.

  • August 23, 2024

    LeBron's Tattoo Artist Can't Get New Trial In NBA 2K Case

    An Ohio federal judge declined to order a new trial after a jury rejected claims that 2K Games Inc. and Take-Two Interactive Software Inc.'s rendering of LeBron James in their NBA 2K video game series infringed a tattoo artist's copyrights.

  • August 23, 2024

    The Biggest Texas Trial Rulings Of 2024: Midyear Report

    Trial courts in Texas saw a series of high-dollar verdicts for plaintiffs in suits over patent infringement and personal injuries, but appellate courts tempered some plaintiffs' successes, backing a large retail employer in a harassment suit and tossing a verdict based on a lawyer's remarks. Here's a look at some of the biggest trial decisions in Texas in the first half of 2024.

  • August 23, 2024

    HVAC Co. Nets $3 Damages Award Against Sanctioned Ex-VP

    A heating, ventilation and air-conditioning company that won its trade secrets suit against a former vice president by default will get just $3 in damages after the North Carolina Business Court found it failed to prove any lost profits or malicious intent sufficient to support the requested seven-figure award.

  • August 23, 2024

    Patent Case Against USPTO Mimics Failed Suit, Feds Say

    The federal government has moved to toss a suit alleging that the U.S. Patent and Trademark Office's website infringes patents covering the idea of two-factor authorization, arguing that a patent in the same "family" was thrown out in 2016 by a different court that said it contained "nothing inventive."

  • August 23, 2024

    Ex-Womble Bond IP Partners Join New Model Firm In NY

    Two former Womble Bond Dickinson intellectual property partners have moved to new model law firm Potomac Law Group's intellectual property practice, according to the firm's announcement.

  • August 23, 2024

    Punchbowl News Gets Win In TM Spat With Punchbowl Inc.

    A California federal judge has ruled there is no likelihood of confusion between a publication called Punchbowl News and a greeting card and event planning company named Punchbowl Inc., justifying the dismissal of the latter's trademark infringement claims, according to a summary judgment order.

  • August 23, 2024

    Delaware Lets Ventis Move Pacira's False Ad Suit To Calif.

    Ventis Pharma Inc., a pharmaceutical company developing nonopioid anesthetics, got a federal court's approval Friday to move a false advertising lawsuit filed by competitor Pacira BioSciences Inc. from Delaware to California, where Ventis is based.

  • August 23, 2024

    Talent Management Co. Sues Rival Over Instagram Model's TM

    A talent management firm has accused a U.K. rival of using the trademarked name of one of its Instagram models as fake bait to lure others into signing management contracts.

  • August 23, 2024

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.

  • August 23, 2024

    Firms Seek $20M Fee After $58M Deal In Shire Antitrust Suit

    A group of nine firms led by Hagens Berman Sobol Shapiro LLP asked a Massachusetts federal judge to sign off on $20 million in fees and expenses after securing a $58 million settlement with drugmaker Shire PLC in a yearslong antitrust class action.

  • August 22, 2024

    Authors Can't Use Discord Chats In Meta AI Copyright Suit

    A California federal judge Thursday granted Meta Platforms Inc.'s request for an order shielding a former part-time researcher's communications on Discord from discovery requests in authors' proposed class copyright action over Meta's artificial intelligence product, holding that the communications pertain to legal advice.

  • August 22, 2024

    Del. Jury Says No Infringement, Axes Data Storage IP Claims

    A Delaware federal jury found Thursday that Scale Computing Inc. did not infringe DataCore Software Corp.'s data storage patent and determined that the asserted claims are invalid as anticipated.

Expert Analysis

  • Leveraging Policy Changes To Achieve AI Patent Eligibility

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    With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Tips For Revamping Patent Portfolio Strategy In AI Deal Era

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    Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • 2 Years Of Waco: How Patent Case Distribution Has Changed

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    A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.

  • How Courts Split On Damages Analysis In Automotive Suits

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    As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.

  • 2 Vital Trial Principles Endure Amid Tech Advances

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    Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.

  • 7th Circ. Ruling Sheds Light On Extraterritoriality In IP Law

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    A recent Seventh Circuit decision involving the Defend Trade Secrets Act, allowing for broader international application of trade secrets laws, highlights a difference in how trade secrets are treated compared to other areas of intellectual property law, say Armin Ghiam and Maria Montenegro-Bernardo at Hunton.

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